Sen. Ted Cruz called out FBI Director James Comey for the director’s decision that Hillary Clinton and Huma Abedin would walk because there was no intent on their part to break the law by their mishandling of classified information.

During Comey’s May 3 appearance before the Senate Judiciary Committee, Cruz said:

You described the reason why the case was closed against Ms. Abedin as that you could not determine she was aware her conduct was unlawful. … Any first year law student learns in criminal law ignorance of the law is no excuse, and that mens rea does not require knowledge that conduct is unlawful.”

Cruz continued: “The governing statutes – 18 USC 793f and 18 USC 798a – have no requirement of a knowledge of unlawful [intent]…under the terms of that statute, the fact pattern you described in this hearing [of Abedin’s behavior] seems to fit that statute directly. In that, if I understood you correctly, you said Ms. Abedin forwarded hundreds or thousands of classified emails to her husband on a non-government, non-classified computer.”

“How does that conduct not directly violate that statute?” Cruz asked.”

Comey attempted to answer by suggesting that company practice “for generations” has been to require intent even if the law doesn’t call for it. “In other words, Comey admits that he arrived at his conclusion not to prosecute Abedin (or Clinton) not on the basis of the law, but his own preference,” The Resurgent said in a May 5 report.

Cruz was incredulous:

“On its face, anyone dealing with classified information should know that conduct is impermissible. And let me ask you, how would you handle an FBI Agent who forwarded thousands of classified emails to his or her spouse on a non-government computer?”

At this point, one might expect Comey to say just about anything, but not the truth the world has come to believe.

His words stating he was, “highly confident they wouldn’t be prosecuted”, were only shocking because they supported what everyone watching and listening has come to believe. It’s now on the record.

Comments

Comey REPEATEDLY stated he would not/could not discuss “certain matters” of investigations in the open session of congressoinal hearings.

Cruz should have asked Comey, “If any of your subordinates disclosed those very SAME ‘certain matters’ you can’t talk about in this hearing, would you submit them to prosecution?”

I believe Comey’s answer would have been VERY different and he would have indeed submitted his subordinates to prosecution by the Justice Department…or the Justice Department would have demanded he do so.